What does No Fault Divorce Mean?

Posted on 04.10.15

Florida is a no-fault divorce state, meaning that a person and their divorce attorney does not need to show cause when getting a divorce. It used to be that a judge granted a divorce based upon a proscribed reason, such as adultery. The problem was if a person could not prove a certain act, the judge may not grant a divorce and would require the couple to stay together. This wasn’t necessarily fair to either party.

The biggest problem arose when one spouse was suffering abuse at the hands of the other. A wife may be hesitant to contact authorities for a variety of reasons, so there may not be any documented abuse. If the husband denies this abuse and there is no other evidence, the judge might be reluctant to grant this divorce. Obviously this is a less than ideal outcome, so Florida did away with this requirement.

While this is a good thing, it does present some unique issues for a divorcing couple. For example, a person who commits adultery won’t be punished for their infidelity. This is frustrating for a man or woman who has been cheated on, but ultimately it is best for society in general. Ultimately a divorce attorney will advocate for a fair division of property when it comes time to separate regardless of the circumstances. While this can seem unfair, it is generally the best way to divide property instead of trying to assign fault to either party.

At the Law Offices of James S. Cunha, P.A., we can fully explain what no fault divorce means for your circumstances and can explain what to expect from the divorce process. We have helped many clients through this difficult time and will put that experience to work for you.